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1 Circular 0055/2014 To: The Chief Executives of Education and Training Boards Implementation of Clause 2.31 of the Haddington Road Agreement - revised pay scales and allowances for persons recruited to certain direct entry grades Salary Scales and Allowances for Adult Education Guidance Counsellors and Co- Ordinators, Adult Education Guidance Information Officers, Adult Literacy Organisers, Community Education Facilitators, Psychologists (City of Dublin ETB and Dublin-Dun Laoghaire ETB) and Youthreach Resource Persons. Introduction: 1. The purpose of this Circular is to notify Chief Executives and relevant staff of Education and Training Boards (ETBs) of the revised pay scales and allowances for persons recruited to the above listed direct entry grades as a result of the implementation of Clause 2.31 of the Haddington Road Agreement. 2. Clause 2.31 concerns new entrant pay scales and proposes to address the imbalance between those who entered the public service following 1 January 2011 i.e. NRP (National Recovery Plan) new entrant grades and those who entered prior to this date. Incremental Pay Scales: 3. The provision provides for revised incremental pay scales to be prepared for same grade entrants. 4. Accordingly, this Circular sets out (at Appendix 1) the revised pay rates to apply to direct entry grades which were previously adjusted under Circular 55/ The Haddington Road Agreement pay adjustments have already been applied to the revised pay scales where appropriate. 6. The pay of part-time staff should be amended where appropriate by reference to the pay of whole-time staff to which they are related for pay purposes. 7. All employers are obliged to implement the terms of this Circular and the revised rates of pay with effect from 1 November 2013.

2 8. The revised incremental pay scale will apply to all staff including new recruits to the relevant grades. The new pay scale will not however vary or alter the pay rates of staff appointed on or before 31 December 2010 or persons appointed after this date who were not subject to the terms of Circular 55/ It should be pointed out that public servants (using the definition set out in the Financial Emergency Measures in the Public Interest Act, 2009) who have been in permanent or temporary employment in the Public Service on or before 31 December 2010 (including those on an approved break in service, leave, temporary assignment or secondment to another employer) will not generally be regarded as new appointees. In these cases, the person will be assigned to the appropriate pre-1 January 2011 scale and any sanctioned allowances, and any allowable incremental credit for previous service and other experience which is deemed relevant will be awardable. 10. However, this exclusion only applies where the person is being recruited to the same or an analogous grade, role or position as their previous public service employment, whether that employment was permanent or temporary. As an example, a person employed previously as a Youthreach Resource Person, who then has a period of no public sector employment, and is then re-employed as a Youthreach Resource Person will remain on the applicable pre January 2011 rate. However, if that person following their first period of employment as a Youthreach Resource Person obtains a permanent contract of employment as a Psychologist then the revised rate of Psychologist pay post 1 January 2011 will apply; 11. In the event of doubt about a particular situation as to whether a grade is or is not analogous and/or whether the 1 November 2013 pay scale should apply to an individual or not, the employer should contact this Department for clarification, giving details of the individual s previous public service employment e.g. grade, organisation, pay scale and dates of employment. 12. Circular 55/2011 is withdrawn. Assimilation of existing staff to these revised pay scales: 13. New entrants to direct entry recruitment grades, who were subject to the 2011 reduced pay rates will be assimilated to the revised incremental pay scale with effect from 1 November In the case of most staff this means that new recruits employed between 1 January 2011 and 31 October 2013 who were subject to the terms of the Department s previous direction in 2011 should be assimilated to the revised scales on a point to point basis e.g. a person on point 1 of the 1 January 2011 pay scale (the NRP scale) should now be assimilated to point 1 of the 1 November 2013 pay scale. 15. However, where the point of the revised pay scale is less than their current point on the NRP scale then the person should be assimilated to the nearest point not below their existing scale point.

3 16. Furthermore, where the third point of the revised salary scale is equal to or less than the third point of the NRP scale then the person should move to the fourth point of the new pay scale when they reach their third incremental point. Allowances: 17. Circular 55/2011 also provided for a reduction of 10% in the fixed term allowances of persons recruited to certain direct entry NRP adjusted grades. This reduction in allowances will cease as and from 1 November Allowances or other payments (overtime etc.) linked to basic pay will be calculated on the revised merged pay scales. These rates have been revised and are as detailed in Appendix 1. Minimum Wage: 18. With regard to the integration of pay scales in accordance with Paragraph 2.31 of the Haddington Road Agreement, it is necessary also to make provision for Minimum Wage Legislation. Accordingly where points on the 2011 NRP scale are currently below the minimum wage these scale points have been brought in line with the minimum wage (currently the minimum hourly rate of pay for the purposes of the National Minimum Wage Act 2000 is 8.65) before the issuance of the revised scales. Please note that under the National Minimum Wage Act 2000 specific provision regarding the payment of the minimum wage to trainee grades (a % of minimum wage) is provided for and these provisions should continue to apply to such grades. It should be remembered when complying with the National Minimum Wage Act that break periods (whether paid or not) should be included for the purposes of ensuring that a person is receiving the minimum hourly rate of pay. Recruitment / New Appointees: 19. It should be noted that it remains Government policy that new appointees to any grades will start at the minimum point of the scale. However, incremental credit may continue to apply for relevant recognised service. 20. Persons who are re-employed in the Public Service, following retirement from previous employment in the Public Service, must also be assigned at the minimum of the pay scale. 21. All future competition notices, advertisements and information booklets must continue to specify that, for persons entering a recruitment grade for the first time, starting pay will be at the minimum of the new reduced scale. Such notices and booklets must also specify that the rate of remuneration may be adjusted from time to time in line with Government pay policy. 22. No undertaking, formal or informal, should be given by or on behalf of any public service body to a candidate that the relevant pay scale may be negotiable. Circulation: 23. Please ensure that this Circular is brought to the attention of all relevant staff in your employment including those on leave of absence.

4 24. This Circular can be accessed on the Department s website under Any queries in relation to this Circular should be communicated to the relevant employer in the first instance. Any employer that has a query in relation to this Circular should direct that query by only to the following dedicated address: Phil O Flaherty Philip Crosby Further Education Division External Staff Relations 11 July July 2014

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